ICE can arrest you at the airport, but when and how depends on several factors, including where it happens and your immigration status. Here’s how airport enforcement works.
ICE in Airports
International airports typically collaborate with multiple federal agencies, such as the Transportation Security Administration (TSA). This agency screens you and your carry-on items before boarding the aircraft. But it’s Customs and Border Protection (CBP) that inspects anyone arriving from outside the United States.
Immigration and Customs Enforcement (ICE) is a separate agency. Its primary purpose is to investigate and enforce immigration violations, meaning agents can be present at domestic or international terminals. Together, these agencies control immigration at U.S. airports.
International Terminals and Immigration Enforcement
The government has the most power at international airport terminals. CBP uses border search exemptions to question travelers and search luggage or electronic devices without a warrant.
The agency can also refer travelers to secondary inspections, which isn’t the same as being denied entry or having done anything wrong. It only means immigration enforcement officers need more information to complete their investigation.
Green Card Holders Arriving at U.S. Airports
Lawful permanent residents of the United States have the right to re-enter the country under certain conditions. Customs and Border Protection typically sends green card holders for secondary inspection or may ask questions about residency abandonment if the absence lasted more than 180 days.
CBP officers can’t revoke your lawful permanent resident status because that authority belongs solely to an immigration judge. Form I-407 is the record of abandonment of lawful permanent resident status, so understand what you’re giving up before signing it. You’re not required to sign the form, but declining could mean a formal Notice to Appear before a judge.
Visa Holders and Undocumented Travelers
Visa holders don’t have a right to enter the country, so CBP can deny entry if you refuse to answer questions or fail to provide the required information. Any existing removal orders or past immigration violations can trigger detention. If you are in this situation, consult an immigration attorney before traveling to reduce your risk and exposure.
ICE on Domestic Flights
Domestic flights don’t involve CBP since there are no international border crossings. Purely nationwide air travel typically involves standard TSA security screenings rather than invasive immigration inspections or enforcement.
However, ICE is a domestic law enforcement agency. That means its authority isn’t limited to international airports. ICE can still be present at domestic terminals but needs a legitimate legal reason and probable cause of an immigration violation or crime.
Traveling with a Pending Immigration Case
Certain immigration matters can increase border control scrutiny at domestic and international airports, including:
- An open removal case
- A criminal history
- Prior orders of removal
- Extended absences from the United States
A pending immigration case isn’t necessarily an issue, but it may make domestic and international flights more problematic. Review the facts of your case with an attorney to properly prepare for travel.
What to Know
U.S. citizens can’t be denied entry into the country and can’t be arrested by immigration authorities. But citizens can still be asked to confirm their identity and citizenship status. Immigration authorities can also inspect their devices at international terminals.
United States citizens have the right to decline answering questions beyond confirming their identity. And questions about citizenship can’t be the basis for detention. Contact Lamb & Turner to learn more.
What to Do If You’re Stopped by ICE
Remain calm and be informed before you travel. You can ask why you’re being questioned and whether you’re being detained or are free to go. Always have your lawyer’s contact information ready if you need legal guidance.
Never sign anything you don’t understand, including Form I-407. If you believe you’re being pressured or stopped unfairly, reach out to your attorney as soon as possible.
Travel with the correct documentation to shorten the stop and reduce confusion. Green card holders should carry the physical green card and a valid foreign passport. All immigrant travelers should also carry a signed Form G-28 to formally identify legal representation, should the situation become complicated.
Contact Lamb & Turner Before You Fly
Talk to an immigration attorney at Lamb & Turner before traveling. This helps keep you informed and prepared before and after your flight. Consulting legal counsel is especially important if you have a pending immigration case, old removal order, criminal history, or questions about your status.
Lamb & Turner represent clients across Houston and the surrounding Texas communities. We help travelers understand their risks and prepare accordingly. Let us help walk you through your travel plans. Schedule a consultation today.
